Estate of Schreck

Claimant, Edythe Leona Garner, appeals from an order determining that the testamentary trustee is entitled to the distribution to it in trust of the estate of George William Schreck, consisting entirely of separate property, pursuant to the provision for such testamentary trust contained in the last will of Schreck, the testator. The appeal lies. (Prob. Code, § 1240.)

Under the testamentary trust provision the testator’s second wife and widow will receive the net income of the trust during her lifetime or until her remarriage and then the trust estate will be paid over in equal shares to those of the testator’s brothers and sisters then surviving.

Claimant is one of these remaindermen. She contends that the widow forfeited her limited life estate under the trust to the remaindermen by persuading the executor of the testator’s last will to release to her, as surviving joint tenant, the remaining one-half interest in a 1969 Cadillac (this interest being valued in probate at $1,300) and by obtaining on petition a court order setting apart to her as surviving spouse in fee simple, pursuant to Probate Code section 660, certain property of the testator’s exempt from…